path: root/java/jdk16/pkg-message

SUN COMMUNITY SOURCE LICENSE
Version 2.3
(Rev. Date February 22, 1999)
 
RECITALS

Original Contributor has developed Specifications and Source Code 
implementations of certain Technology; and

Original Contributor desires to license the Technology to a large community to 
facilitate research, innovation and product development while maintaining 
compatibility of such products with the Technology as delivered by Original 
Contributor; and

Original Contributor desires to license certain Sun Trademarks for the purpose 
of branding products that are compatible with the relevant Technology delivered 
by Original Contributor; and

You desire to license the Technology and possibly certain Sun Trademarks from 
Original Contributor on the terms and conditions specified in this License.

In consideration for the mutual covenants contained herein, You and Original 
Contributor agree as follows:

AGREEMENT 

1.  Introduction. The Sun Community Source License and effective attachments 
("License") may include five distinct licenses: Research Use, TCK, Internal 
Deployment Use, Commercial Use and Trademark License. The Research Use license 
is effective when You click and accept this License. The TCK and Internal 
Deployment Use licenses are effective when You click and accept this License, 
unless otherwise specified in the TCK and Internal Deployment Use attachments. 
The Commercial Use and Trademark licenses must be signed by You and Original 
Contributor in order to become effective. Once effective, these licenses and the 
associated requirements and responsibilities are cumulative. Capitalized terms 
used in this License are defined in the Glossary.
 
2.  License Grants.

2.1 Original Contributor Grant. Subject to Your compliance with Sections 3, 
8.10 and Attachment A of this License, Original Contributor grants to You a 
worldwide, royalty-free, non- exclusive license, to the extent of Original 
Contributor's Intellectual Property Rights covering the Original Code, Upgraded 
Code and Specifications, to do the following:
 
a)  Research Use License: 
    (i) use, reproduce and modify the Original Code, Upgraded Code and 
Specifications to create Modifications and Reformatted Specifications for 
Research Use by You, 
    (ii)    publish and display Original Code, Upgraded Code and 
Specifications with, or as part of Modifications, as permitted under Section 3.1 
b) below, 
    (iii)   reproduce and distribute copies of Original Code and Upgraded 
Code to Licensees and students for Research Use by You,
    (iv)    compile, reproduce and distribute Original Code and Upgraded 
Code in Executable form, and Reformatted Specifications to anyone for Research 
Use by You.
 
b)  Other than the licenses expressly granted in this License, Original 
Contributor retains all right, title, and interest in Original Code and Upgraded 
Code and Specifications. 
           
2.2 Your Grants. 

a)  To Other Licensees. You hereby grant to each Licensee a license to Your 
Error Corrections and Shared Modifications, of the same scope and extent as 
Original Contributor's licenses under Section 2.1 a) above relative to Research 
Use, Attachment C relative to Internal Deployment Use, and Attachment D relative 
to Commercial Use.
 
b)  To Original Contributor. You hereby grant to Original Contributor a 
worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to 
the extent of Your Intellectual Property Rights covering Your Error Corrections, 
Shared Modifications and Reformatted Specifications, to use, reproduce, modify, 
display and distribute Your Error Corrections, Shared Modifications and 
Reformatted Specifications, in any form, including the right to sublicense such 
rights through multiple tiers of distribution.
 
c)  Other than the licenses expressly granted in Sections 2.2 a) and b) 
above, and the restriction set forth in Section 3.1 d)(iv) below, You retain all 
right, title, and interest in Your Error Corrections, Shared Modifications and 
Reformatted Specifications.
 
2.3 Contributor Modifications. You may use, reproduce, modify, display and 
distribute Contributor Error Corrections, Shared Modifications and Reformatted 
Specifications, obtained by You under this License, to the same scope and extent 
as with Original Code, Upgraded Code and Specifications. 
 
2.4 Subcontracting. You may deliver the Source Code of Covered Code to other 
Licensees having at least a Research Use license, for the sole purpose of 
furnishing development services to You in connection with Your rights granted in 
this License. All such Licensees must execute appropriate documents with respect 
to such work consistent with the terms of this License, and acknowledging their 
work-made-for-hire status or assigning exclusive right to the work product and 
associated Intellectual Property Rights to You.
 
3.  Requirements and Responsibilities.
3.1 Research Use License. As a condition of exercising the rights granted 
under Section 2.1 a) above, You agree to comply with the following:

a)  Your Contribution to the Community. All Error Corrections and Shared 
Modifications which You create or contribute to are automatically subject to the 
licenses granted under Section 2.2 above. You are encouraged to license all of 
Your other Modifications under Section 2.2 as Shared Modifications, but are not 
required to do so. You agree to notify Original Contributor of any errors in the 
Specification.

b)  Source Code Availability. You agree to provide all Your Error 
Corrections to Original Contributor as soon as reasonably practicable and, in 
any event, prior to Internal Deployment Use or Commercial Use, if applicable.   
Original Contributor may, at its discretion, post Source Code for Your Error 
Corrections and Shared Modifications on the Community Webserver. You may also 
post Error Corrections and Shared Modifications on a web-server of Your choice; 
provided, that You must take reasonable precautions to ensure that only 
Licensees have access to such Error Corrections and Shared Modifications. Such 
precautions shall include, without limitation, a password protection scheme 
limited to Licensees and a click-on, download certification of Licensee status 
required of those attempting to download from the server. An example of an 
acceptable certification is attached as Attachment A-2.

c)  Notices. All Error Corrections and Shared Modifications You create or 
contribute to must include a file documenting the additions and changes You made 
and the date of such additions and changes. You must also include the notice set 
forth in Attachment A-1 in the file header. If it is not possible to put the 
notice in a particular Source Code file due to its structure, then You must 
include the notice in a location (such as a relevant directory file), where a 
recipient would be most likely to look for such a notice.

d)  Redistribution.

    (i) Source. Covered Code may be distributed in Source Code form only 
to another Licensee (except for students as provided below). You may not offer 
or impose any terms on any Covered Code that alter the rights, requirements, or 
responsibilities of such Licensee. You may distribute Covered Code to students 
for use in connection with their course work and research projects undertaken at 
accredited educational institutions. Such students need not be Licensees, but 
must be given a copy of the notice set forth in Attachment A-3 and such notice 
must also be included in a file header or prominent location in the Source Code 
made available to such students.

    (ii)    Executable. You may distribute Executable version(s) of Covered 
Code to Licensees and other third parties only for the purpose of evaluation and 
comment in connection with Research Use by You and under a license of Your 
choice, but which limits use of such Executable version(s) of Covered Code only 
to that purpose. 

    (iii)    Modified Class, Interface and Package Naming. In connection 
with Research Use by You only, You may use Original
Contributor’s class, interface and package names only to accurately reference or 
invoke the Source Code files You modify.
Original Contributor grants to You a limited license to the extent necessary for 
such purposes.

    (iv)    You expressly agree that any distribution, in whole or in part, 
of Modifications developed by You shall only be done pursuant to the term and 
conditions of this License.

e)  Extensions.

    (i) Covered Code. You may not include any Source Code of Community 
Code in any Extensions;

    (ii)    Publication. No later than the date on which You first 
distribute such Extension for Commercial Use, You must publish to the industry, 
on a non-confidential basis and free of all copyright restrictions with respect 
to reproduction and use, an accurate and current specification for any 
Extension. In addition, You must make available an appropriate test suite, 
pursuant to the same rights as the specification, sufficiently detailed to allow 
any third party reasonably skilled in the technology to produce implementations 
of the Extension compatible with the specification. Such test suites must be 
made available as soon as reasonably practicable but, in no event, later than 
ninety (90) days after Your first Commercial Use of the Extension. You must use 
reasonable efforts to promptly clarify and correct the specification and the 
test suite upon written request by Original Contributor.

    (iii)   Open. You agree to refrain from enforcing any Intellectual 
Property Rights You may have covering any interface(s) of Your Extension, which 
would prevent the implementation of such interface(s) by Original Contributor or 
any Licensee. This obligation does not prevent You from enforcing any 
Intellectual Property Right You have that would otherwise be infringed by an 
implementation of Your Extension. 

    (iv)    Class, Interface and Package Naming. You may not add any 
packages, or any public or protected classes or interfaces with names that 
originate or might appear to originate from Original Contributor including, 
without limitation, package or class names which begin with "sun", "java", 
"javax", "jini", "net.jini", "com.sun" or their equivalents in any subsequent 
class, interface and/ or package naming convention adopted by Original 
Contributor. It is specifically suggested that You name any new packages using 
the "Unique Package Naming Convention" as described in "The Java Language 
Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN 0-201-63451-1, 
August 1996. Section 7.7 "Unique Package Names", on page 125 of this 
specification which states, in part:

"You form a unique package name by first having (or belonging to an organization 
that has) an Internet domain name, such as "sun.com". You then reverse the name, 
component by component, to obtain, in this example, "Com.sun", and use this as a 
prefix for Your package names, using a convention developed within Your 
organization to further administer package names."

3.2 Additional Requirements and Responsibilities. Any additional 
requirements and responsibilities relating to the Technology are listed in 
Attachment F (Additional Requirements and Responsibilities), if applicable, and 
are hereby incorporated into this Section 3.
 
4.  Versions of the License.
 
4.1 License Versions. Original Contributor may publish revised versions of 
the License from time to time. Each version will be given a distinguishing 
version number.
 
4.2 Effect. Once a particular version of Covered Code has been provided 
under a version of the License, You may always continue to use such Covered Code 
under the terms of that version of the License. You may also choose to use such 
Covered Code under the terms of any subsequent version of the License. No one 
other than Original Contributor has the right to promulgate License versions.
 
5.  Disclaimer of Warranty.
 
5.1 COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS", WITHOUT WARRANTY OF 
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES 
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 
PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH 
YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF 
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED 
CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
 
5.2 You acknowledge that Original Code, Upgraded Code and Specifications are 
not designed or intended for use in (i) on-line control of aircraft, air 
traffic, aircraft navigation or aircraft communications; or (ii) in the design, 
construction, operation or maintenance of any nuclear facility. Original 
Contributor disclaims any express or implied warranty of fitness for such uses.
 
6.  Termination.
 
6.1 By You. You may terminate this Research Use license at anytime by 
providing written notice to Original Contributor.

6.2 By Original Contributor. This License and the rights granted hereunder 
will terminate:

    (i)  automatically if You fail to comply with the terms of this 
License and fail to cure such breach within 30 days of receipt of written notice 
of the breach; 

    (ii)    immediately in the event of circumstances specified in Sections 
7.1 and 8.4; or 

    (iii)   at Original Contributor's discretion upon any action initiated 
in the first instance by You alleging that use or distribution by Original 
Contributor or any Licensee, of Original Code, Upgraded Code, Error Corrections 
or Shared Modifications contributed by You, or Specifications, infringe a patent 
owned or controlled by You. 

6.3 Effective of Termination. Upon termination, You agree to discontinue use 
and return or destroy all copies of Covered Code in Your possession. All 
sublicenses to the Covered Code which You have properly granted shall survive 
any termination of this License. Provisions which, by their nature, should 
remain in effect beyond the termination of this License shall survive including, 
without limitation, Sections 2.2, 3, 5, 7 and 8.
 
6.4 Each party waives and releases the other from any claim to compensation 
or indemnity for permitted or lawful termination of the business relationship 
established by this License. 
 
7.  Liability.
 
7.1 Infringement. Should any of the Original Code, Upgraded Code, TCK or 
Specifications ("Materials") become the subject of a claim of infringement, 
Original Contributor may, at its sole option, (i) attempt to procure the rights 
necessary for You to continue using the Materials, (ii) modify the Materials so 
that they are no longer infringing, or (iii) terminate Your right to use the 
Materials, immediately upon written notice, and refund to You the amount, if 
any, having then actually been paid by You to Original Contributor for the 
Original Code, Upgraded Code and TCK, depreciated on a straight line, five year 
basis.
 
7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, 
ORIGINAL CONTRIBUTOR's LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, 
WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF 
THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALL 
COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF 
ANY. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR 
CORRECTIONS) OR SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR 
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE 
(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC 
ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN 
ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR 
OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE 
OF ANY REMEDY.
 
8.  Miscellaneous.
 
8.1 Trademark. You agree to comply with the then current Sun Trademark & 
Logo Usage Requirements accessible through the SCSL Webpage. Except as expressly 
provided in the License, You are granted no right, title or license to, or 
interest in, any Sun Trademarks. You agree not to (i) challenge Original 
Contributor's ownership or use of Sun Trademarks; (ii) attempt to register any 
Sun Trademarks, or any mark or logo substantially similar thereto; or (iii) 
incorporate any Sun Trademarks into Your own trademarks, product names, service 
marks, company names, or domain names.
 
8.2 Integration. This License represents the complete agreement concerning 
the subject matter hereof. 

8.3 Assignment. Original Contributor may assign this License, and its rights 
and obligations hereunder, in its sole discretion. You may assign the Research 
Use portions of this License to a third party upon prior written notice to 
Original Contributor (which may be provided via the Community Web-Server). You 
may not assign the Commercial Use license or TCK license, including by way of 
merger (regardless of whether You are the surviving entity) or acquisition, 
without Original Contributor's prior written consent. 
 
8.4 Severability. If any provision of this License is held to be 
unenforceable, such provision shall be reformed only to the extent necessary to 
make it enforceable. Notwithstanding the foregoing, if You are prohibited by law 
from fully and specifically complying with Sections 2.2 or 3, this License will 
immediately terminate and You must immediately discontinue any use of Covered 
Code. 
 
8.5 Governing Law. This License shall be governed by the laws of the United 
States and the State of California, as applied to contracts entered into and to 
be performed in California between California residents. The application of the 
United Nations Convention on Contracts for the International Sale of Goods is 
expressly excluded. 
 
8.6 Dispute Resolution. 

a)  Any dispute arising out of or relating to this License shall be finally 
settled by arbitration as set out herein, except that either party may bring any 
action, in a court of competent jurisdiction (which jurisdiction shall be 
exclusive), with respect to any dispute relating to such party's Intellectual 
Property Rights or with respect to Your compliance with the TCK license. 
Arbitration shall be administered: (i) by the American Arbitration Association 
(AAA), (ii) in accordance with the rules of the United Nations Commission on 
International Trade Law (UNCITRAL) (the "Rules") in effect at the time of 
arbitration as modified herein; and (iii) the arbitrator will apply the 
substantive laws of California and United States. Judgement upon the award 
rendered by the arbitrator may be entered in any court having jurisdiction to 
enforce such award. 

b)  All arbitration proceedings shall be conducted in English by a single 
arbitrator selected in accordance with the Rules, who must be fluent in English 
and be either a retired judge or practicing attorney having at least ten (10) 
years litigation experience and be reasonably familiar with the technology 
matters relative to the dispute. Unless otherwise agreed, arbitration venue 
shall be in London, Tokyo, or San Francisco, whichever is closest to defendant's 
principal business office.   The arbitrator may award monetary damages only and 
nothing shall preclude either party from seeking provisional or emergency relief 
from a court of competent jurisdiction. The arbitrator shall have no authority 
to award damages in excess of those permitted in this License and any such award 
in excess is void. All awards will be payable in U.S. dollars and may include, 
for the prevailing party (i) pre-judgment award interest, (ii) reasonable 
attorneys' fees incurred in connection with the arbitration, and (iii) 
reasonable costs and expenses incurred in enforcing the award. The arbitrator 
will order each party to produce identified documents and respond to no more 
than twenty-five single question interrogatories.

8.7 Construction. Any law or regulation which provides that the language of 
a contract shall be construed against the drafter shall not apply to this 
License. 
 
8.8 U.S. Government End Users. The Covered Code is a "commercial item", as 
that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 
computer software" and "commercial computer software documentation", as such 
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. 
Government End Users acquire Covered Code with only those rights set forth 
herein. You agree to pass this notice to Your licensees.
 
8.9 Press Announcements. All press announcements relative to the execution 
of this License must be reviewed and approved by Original Contributor and You 
prior to release.      
 
8.10    International Use.
 
a)  Export/Import laws. Covered Code is subject to U.S. export control laws 
and may be subject to export or import regulations in other countries. Each 
party agrees to comply strictly with all such laws and regulations and 
acknowledges their responsibility to obtain such licenses to export, re- export, 
or import as may be required. You agree to pass these obligations to Your 
licensees.
 
b)  Intellectual Property Protection. Due to limited intellectual property 
protection and enforcement in certain countries, You agree not to redistribute 
the Original Code, Upgraded Code, TCK and Specifications to any country other 
than the list of restricted countries on the SCSL Webpage.
 
8.11    Language. This License is in the English language only, which language 
shall be controlling in all respects, and all versions of this License in any 
other language shall be for accommodation only and shall not be binding on the 
parties to this License. All communications and notices made or given pursuant 
to this License, and all documentation and support to be provided, unless 
otherwise noted, shall be in the English language.

PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE "ACCEPT" 
BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS 
LICENSE WITH SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE ON 
BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY 
TO SUCH A LICENSE. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF, OR REPRESENTING A 
COMPANY, YOU MUST BE OF MAJORITY AGE AND BE OTHERWISE COMPETENT TO ENTER INTO 
CONTRACTS. IF YOU DO NOT MEET THIS CRITERIA OR YOU DO NOT AGREE TO ANY OF THE 
TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.
 
ACCEPT              REJECT

GLOSSARY

1.   "Commercial Use" means any use (excluding Internal Deployment Use) or 
distribution, directly or indirectly of Compliant Covered Code by You to any 
third party, alone or bundled with any other software or hardware, for direct or 
indirect commercial or strategic gain or advantage, subject to execution of 
Attachment D by You and Original Contributor. 

2.  "Community Code" means the Original Code, Upgraded Code, Error 
Corrections, Shared Modifications, or any combination thereof.

3.  "Community Webserver(s)" means the webservers designated by Original 
Contributor for posting Error Corrections and Shared Modifications.
 
4.  "Compliant Covered Code" means Covered Code that complies with the 
requirements of the TCK.
 
5.  "Contributor" means each Licensee that creates or contributes to the 
creation of any Error Correction or Shared Modification.

6.  "Covered Code" means the Original Code, Upgraded Code, Modifications, or 
any combination thereof.

7.  "Error Correction" means any change made to Community Code which 
conforms to the Specification and corrects the adverse effect of a failure of 
Community Code to perform any function set forth in or required by the 
Specifications.

7.  "Executable" means Covered Code that has been converted to a form other 
than Source Code.

9.  "Extension(s)" means any additional classes or other programming code 
and/or interfaces developed by or for You which: (i) are designed for use with 
the Technology; (ii) constitute an API for a library of computing functions or 
services; and (iii) are disclosed to third party software developers for the 
purpose of developing software which invokes such additional classes or other 
programming code and/or interfaces. The foregoing shall not apply to software 
development by Your subcontractors to be exclusively used by You. 

10. "Intellectual Property Rights" means worldwide statutory and common law 
rights associated solely with (i) patents and patent applications; (ii) works of 
authorship including copyrights, copyright applications, copyright registrations 
and "moral rights"; (iii) the protection of trade and industrial secrets and 
confidential information; and (iv) divisions, continuations, renewals, and re- 
issuances of the foregoing now existing or acquired in the future.

11. "Internal Deployment Use" means use of Compliant Covered Code (excluding 
Research Use) within Your business or organization only by Your employees and/or 
agents, subject to execution of Attachment C by You and Original Contributor, if 
required. 

12. "Licensee" means any party that has entered into and has in effect a 
version of this License with Original Contributor.

13. "Modification(s)" means (i) any change to Covered Code; (ii) any new 
file or other representation of computer program statements that contains any 
portion of Covered Code; and/or (iii) any new Source Code implementing any 
portion of the Specifications. 
 
14. "Original Code" means the initial Source Code for the Technology as 
described on the Technology Download Site.

15. "Original Contributor" means Sun Microsystems, Inc., its affiliates and 
its successors and assigns.
 
16. "Reformatted Specifications" means any revision to the Specifications 
which translates or reformats the Specifications (as for example in connection 
with Your documentation) but which does not alter, subset or superset the 
functional or operational aspects of the Specifications.
 
17. "Research Use" means use and distribution of Covered Code only for Your 
research, development, educational or personal and individual use, and expressly 
excludes Internal Deployment Use and Commercial Use.
 
18. "SCSL Webpage" means the Sun Community Source license webpage located at 
http://sun.com/software/communitysource, or such other url that Sun may 
designate from time to time.
 
19. "Shared Modifications" means Modifications provided by You, at Your 
option, pursuant to Section 2.2, or received by You from a Contributor pursuant 
to Section 2.3.
 
20. "Source Code" means computer program statements written in any 
high-level, readable form suitable for modification and development.
 
21. "Specifications" means the specifications for the Technology and other 
documentation, as designated on the Technology Download Site, as may be revised 
by Original Contributor from time to time.
 
22. "Sun Trademarks" means Original Contributor's SUN, JAVA, and JINI 
trademarks and logos, whether now used or adopted in the future.

23. "Technology" means the technology described in Attachment B, and 
Upgrades.
 
24. "Technology Compatibility Kit" or "TCK" means the test programs, 
procedures and/or other requirements, designated by Original Contributor for use 
in verifying compliance of Covered Code with the Specifications, in conjunction 
with the Original Code and Upgraded Code. Original Contributor may, in its sole 
discretion and from time to time, revise a TCK to correct errors and/or 
omissions and in connection with Upgrades.
 
25. "Technology Download Site" means the site(s) designated by Original 
Contributor for access to the Original Code, Upgraded Code, TCK and 
Specifications.
 
26. "Upgrade(s)" means new versions of Technology designated exclusively by 
Original Contributor as an "Upgrade" and released by Original Contributor from 
time to time.
 
27. "Upgraded Code" means the Source Code for Upgrades, possibly including 
Modifications made by Contributors.
 
28. "You(r)" means an individual, or a legal entity acting by and through an 
individual or individuals, exercising rights either under this License or under 
a future version of this License issued pursuant to Section 4.1.   For legal 
entities, "You(r)" includes any entity that by majority voting interest 
controls, is controlled by, or is under common control with You.
 
ATTACHMENT A
 
REQUIRED NOTICES
 
 
ATTACHMENT A-1
 
REQUIRED IN ALL CASES
 
"The contents of this file, or the files included with this file, are subject to 
the current version of Sun Community Source License for [fill in name of 
applicable Technology] (the "License"); You may not use this file except in 
compliance with the License. You may obtain a copy of the License at 
http://sun.com/software/communitysource. See the License for the rights, 
obligations and limitations governing use of the contents of the file. 
 
 
The Original and Upgraded Code is [fill in name and version of applicable 
Technology]. The developer of the Original and Upgraded Code is Sun 
Microsystems, Inc. Sun Microsystems, Inc. owns the copyrights in the portions it 
created. All Rights Reserved.


 Contributor(s): _______________________________________________

Associated Test Suite(s) Location: ________________________________"



ATTACHMENT A-2
 
SAMPLE LICENSEE CERTIFICATION 
 
"By clicking the 'Agree' button below, You certify that You are a Licensee in 
good standing under the Sun Community Source License, [fill in applicable 
Technology and Version] ("License") and that Your access, use and distribution 
of code and information You may obtain at this site is subject to the License."”



ATTACHMENT A-3
 
REQUIRED STUDENT NOTIFICATION
 
"This software and related documentation has been obtained by your educational 
institution subject to the Sun Community Source License, [fill in applicable 
Technology]. You have been provided access to the software and related 
documentation for use only in connection with your course work and research 
activities as a matriculated student of your educational institution. Any other 
use is expressly prohibited. 
 
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF SUN 
MICROSYSTEMS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS.
 
You may not use this file except in compliance with the License. You may obtain 
a copy of the License on the web at http://sun.com/software/communitysource."”



ATTACHMENT B

Java(tm) 2 SDK Technology

Description of "Technology"

Java(tm) 2 SDK Technology v.1.3.1 as described on the Technology Download Site.



ATTACHMENT C

INTERNAL DEPLOYMENT USE

This Attachment C is only effective for the Technology specified in Attachment 
B, upon execution of Attachment D (Commercial Use License) including the 
requirement to pay royalties. In the event of a conflict between the terms of 
this Attachment C and Attachment D, the terms of Attachment D shall govern.

1.  Internal Deployment License Grant. Subject to Your compliance with 
Section 2 below, and Section 8.10 of the Research Use license; in addition to 
the Research Use license and the TCK license, Original Contributor grants to You 
a worldwide, non-exclusive license, to the extent of Original Contributor's 
Intellectual Property Rights covering the Original Code, Upgraded Code and 
Specifications, to do the following:

a)  reproduce and distribute internally, Original Code and Upgraded Code as 
part of Compliant Covered Code, and Specifications, for Internal Deployment Use,
 
b)  compile such Original Code and Upgraded Code, as part of Compliant 
Covered Code, and reproduce and distribute internally the same in Executable 
form for Internal Deployment Use, and

c)  reproduce and distribute internally, Reformatted Specifications for use 
in connection with Internal Deployment Use.
 
 2. Additional Requirements and Responsibilities. In addition to the 
requirements and responsibilities described under Section 3.1 of the Research 
Use license, and as a condition to exercising the rights granted under Section 3 
above, You agree to the following additional requirements and responsibilities:
 
2.1 Compatibility. All Covered Code must be Compliant Covered Code prior to 
any Internal Deployment Use or Commercial Use, whether originating with You or 
acquired from a third party. Successful compatibility testing must be completed 
in accordance with the TCK License. If You make any further Modifications to any 
Covered Code previously determined to be Compliant Covered Code, You must ensure 
that it continues to be Compliant Covered Code.



ATTACHMENT D
COMMERCIAL USE LICENSE
 
1.  Effect. This Attachment D is effective only if signed below by You and 
Original Contributor, and applies to Your Commercial Use of Original Code and 
Upgraded Code.
 
2.  Term. Upon execution of this Attachment D by You and Original 
Contributor, this Commercial Use license shall have an initial term of 3 years 
and shall automatically renew for additional one year terms unless either party 
provides notice to the other no less than 60 days prior to an anniversary date.
 
3.  Commercial Use License Grant. Subject to Your compliance with Section 4 
below, Section 8.10 of the Research Use license, and the TCK license; in 
addition to the Research Use license, the TCK license, and the Internal 
Deployment Use license, Original Contributor grants to You a worldwide, 
non-exclusive, non-transferable license, to the extent of Original Contributor's 
Intellectual Property Rights covering the Original Code, Upgraded Code and 
Specifications, to do the following:

a)  reproduce and distribute Compliant Covered Code;

b)  compile Compliant Covered Code and reproduce and distribute the same in 
Executable form through multiple tiers of distribution; and

c)  reproduce and distribute Reformatted Specifications in association with 
Compliant Covered Code.             

4.  Additional Requirements and Responsibilities. In addition to the 
requirements and responsibilities specified in the Research Use license, the TCK 
license and the Internal Deployment license, and as a condition to exercising 
the rights granted in Section 3 above, You agree to the following additional 
requirements and responsibilities:

a)  Distribution of Source Code. Source Code of Compliant Covered Code may 
be distributed     only to another Licensee of the same Technology.

b)  Distribution of Executable Code. You may distribute the Executable 
version(s) of Compliant Covered Code under a license of Your choice, which may 
contain terms different from this License, provided (i) that You are in 
compliance with the terms of this License, and (ii) You must make it absolutely 
clear that any terms which differ from this License are offered by You alone, 
not by Original Contributor or any other Contributor. 

c)  Branding. Products integrating Compliant Covered Code used for 
Commercial Use must be branded with the Technology compliance logo under a 
separate trademark license required to be executed by You and Original 
Contributor concurrent with execution of this Attachment D.
 
5.  Indemnity/Limitation of Liability. The provisions of Section 7.1 of the 
Research Use license are superseded by the following:

a)  Your Indemnity Obligation. You hereby agree to defend, at Your expense, 
any legal proceeding brought against Original Contributor or any Licensee to the 
extent it is based on a claim: (i) that the use, reproduction or distribution of 
any of Your Error Corrections or Shared Modifications is an infringement of a 
third party trade secret or a copyright in a country that is a signatory to the 
Berne Convention; (ii) arising in connection with any representation, warranty, 
support, indemnity, liability or other license terms You may offer in connection 
with any Covered Code; or (iii) arising from Your Commercial Use of Covered 
Code, other than a claim covered by Section 5.b) below, or a patent claim based 
solely on Covered Code not provided by You. You will pay all damages costs and 
fees awarded by a court of competent jurisdiction, or such settlement amount 
negotiated by You, attributable to such claim.

b)  Original Contributor's Indemnity Obligation. Original Contributor will 
defend, at its expense, any legal proceeding brought against You, to the extent 
it is based on a claim that Your authorized Commercial Use of Original Code and 
Upgraded Code is an infringement of a third party trade secret or a copyright in 
a country that is a signatory to the Berne Convention, and will pay all damages 
costs and fees awarded by a court of competent jurisdiction, or such settlement 
amount negotiated by Original Contributor, attributable to such claim. The 
foregoing shall not apply to any claims of intellectual property infringement 
based upon the combination of code or documentation supplied by Original 
Contributor with code, technology or documentation from other sources.

c)  Right of Intervention. Original Contributor will have the right, but not 
the obligation, to defend You, at Original Contributor's expense, in connection 
with a claim that Your Commercial Use of Original Code and Upgraded Code is an 
infringement of a third party patent and will, if Original Contributor chooses 
to defend You, pay all damages costs and fees awarded by a court of competent 
jurisdiction, or such settlement amount negotiated by Original Contributor, 
attributable to such claim.

d)  Prerequisites. Under Sections 5.b) and c) above, You must, and under 
Section 5.a) above, Original Contributor or any Licensee must: (i) provide 
notice of the claim promptly to the party providing an indemnity; (ii) give the 
indemnifying party sole control of the defense and settlement of the claim; 
(iii) provide the indemnifying party, at indemnifying party's expense, all 
available information, assistance and authority to defend; and (iv) not have 
compromised or settled such claim or proceeding without the indemnifying party's 
prior written consent. 

e)  Additional Remedies. Should any Original Code, Upgraded Code, TCK, 
Specifications, or Modifications become, or in the indemnifying party's opinion 
be likely to become, the subject of a claim of infringement for which indemnity 
is provided above, the indemnifying party may, at its sole option, attempt to 
procure on reasonable terms the rights necessary for the indemnified party to 
exercise its license rights under this License with respect to the infringing 
items, or to modify the infringing items so that they are no longer infringing 
without substantially impairing their function or performance. If the 
indemnifying party is unable to do the foregoing after reasonable efforts, then 
the indemnifying party may send a notice of such inability to the indemnified 
party together with a refund of any license fees received by the indemnifying 
party from the indemnified party for the infringing items applicable to the 
indemnified party's future use or distribution of such infringing items, in 
which case the indemnifying party will not be liable for any damages resulting 
from infringing activity with respect to the infringing items occurring after 
such notice and refund.

6.  Support Programs.

Support to You. Technical support is not provided to You by Original Contributor 
under this License. You may contract for one or more support programs from 
Original Contributor relating to the Technology which are described on the SCSL 
Webpage.

Customer Support. You are responsible for providing technical and maintenance 
support services to Your customers for Your products and services incorporating 
the Compliant Covered code. 
 
7.  Royalties and Payments.

Technology specified in Attachment B.
 

Field of Use:____________________           

Royalty per Unit $_______________


b)  Royalty Payments. Payment of royalties shall be made quarterly, shall be 
due thirty (30) days following the end of the calendar quarter to which they 
relate and shall be submitted with a written statement documenting the basis for 
the royalty calculation. 

c)  Taxes. All payments required by this License shall be made in United 
States dollars, are exclusive of taxes, and Licensee agrees to bear and be 
responsible for the payment of all such taxes, including, but not limited to, 
all sales, use, rental receipt, personal property or other taxes and their 
equivalents which may be levied or assessed in connection with this License 
(excluding only taxes based on Original Contributor's net income). To the extent 
Licensee is required to withhold taxes based upon Original Contributor's income 
in any country, You agree to provide Original Contributor with written evidence 
of such withholding, suitable for Original Contributor to obtain a tax credit in 
the United States.

d)  Records. You agree to maintain account books and records consistent with 
Generally Accepted Accounting Principles appropriate to Your domicile, as may be 
in effect from time to time, sufficient to allow the correctness of the 
royalties required to be paid pursuant to this License to be determined.                

e)  Audit Rights. Original Contributor shall have the right to audit such 
accounts upon reasonable prior notice using an independent auditor of Original 
Contributor's choice (the "Auditor"). The Auditor shall be bound to keep 
confidential the details of Your business affairs and to limit disclosure of the 
results of any audit to the sufficiency of the accounts and the amount, if any, 
of a payment adjustment that should be made. Such audits shall not occur more 
than once each year (unless discrepancies are discovered in excess of the five 
percent (5%) threshold set forth in Section 7.f) below, in which case two 
consecutive quarters per year may be audited). Except as set forth in Section 
7.f) below, Original Contributor shall bear all costs and expenses associated 
with the exercise of its rights to audit.
 
f)  Payment Errors. In the event that any errors in payments shall be 
determined, such errors shall be corrected by appropriate adjustment in payment 
for the quarterly period during which the error is discovered. In the event of 
an underpayment of more than five percent (5%) of the proper amount owed, upon 
such underpayment being properly determined by the Auditor, You agree to 
reimburse Original Contributor the amount of the underpayment and all reasonable 
costs and expenses associated with the exercise of its rights to audit, and 
interest on the overdue amount at the maximum allowable interest rate from the 
date of accrual of such obligation. 

8.  Notice of Breach or Infringement. Each party shall notify the other 
immediately in writing when it becomes aware of any breach or violation of the 
terms of this License, or when You become aware of any potential or actual 
infringement by a third party of the Technology or Sun's Intellectual Property 
Rights therein. 
 
9.  Proprietary Rights Notices. You may not remove any copyright notices, 
trademark notices or other proprietary legends of Original Contributor or its 
suppliers contained on or in the Original Code, Upgraded Code and 
Specifications.
 
10. Notices. All written notices required by this License must be delivered 
in person or by means evidenced by a delivery receipt and will be effective upon 
receipt by the persons at the addresses specified below.


Original Contributor:               You:

Sun Microsystems, Inc.              _____________________________
 
901 San Antonio Road                ______________________________

Palo Alto, California 94303         ______________________________
 
Attn.: VP, Sun Software and 
Technology Sales                ______________________________
 
cc: Sun Software and Technology, 
General Counsel
 
11. Disclaimer of Agency. The relationship created hereby is that of 
licensor and licensee and the parties hereby acknowledge and agree that nothing 
herein shall be deemed to constitute You as a franchisee of Original 
Contributor. You hereby waive the benefit of any state or federal statutes 
dealing with the establishment and regulation of franchises.                                                
 
 Agreed:

You:                        Original Contributor:

_____________________________           Sun Microsystems, Inc.
(Your Name)                      

By:__________________________           By:________________________

Name:________________________           Name:______________________
 
Title_________________________          Title:_____________________
 
Date:_________________________          Date:______________________




ATTACHMENT E 
TECHNOLOGY COMPATIBILITY KIT
 
The following license is effective for the Java(tm)2 SDK Version 1.3.1 
Technology Compatibility Kit only upon execution of a separate support agreement 
between You and Original Contributor (subject to an annual fee) as described on 
the SCSL Webpage. The Technology Compatibility Kit for the Technology specified 
in Attachment B may be accessed at the Technology Download Site only upon 
execution of the support agreement.
 
1.  TCK License.

a)  Subject to the restrictions set forth in Section 1.b below and Section 
8.10 of the Research Use license, in addition to the Research Use license, 
Original Contributor grants to You a worldwide, non-exclusive, non-transferable 
license, to the extent of Original Contributor's Intellectual Property Rights in 
the TCK (without the right to sublicense), to use the TCK to develop and test 
Covered Code.
 
b)  TCK Use Restrictions. You are not authorized to create derivative works 
of the TCK or use the TCK to test any implementation of the Specification that 
is not Covered Code. You may not publish Your test results or make claims of 
comparative compatibility with respect to other implementations of the 
Specification. In consideration for the license grant in Section 1.a above You 
agree not to develop Your own tests which are intended to validate conformation 
with the Specification.

2.  Requirements for Determining Compliance.
 
2.1 Definitions.

a)  "Added Value" means code which:

    (i) has a principal purpose which is substantially different from 
that of the stand-alone Technology; 

    (ii)    represents a significant functional and value enhancement to the 
Technology;

    (iii)   operates in conjunction with the Technology; and

    (iv)    is not marketed as a technology which replaces or substitutes 
for the Technology.

b)  “"Java Classes" means the specific class libraries associated with each 
Technology defined in Attachment B.

c)  “"Java Runtime Interpreter" means the program(s) which implement the 
Java virtual machine for the Technology as defined in the Specification.

d)  “"Platform Dependent Part" means those Original Code and Upgraded Code 
files of the Technology which are not in a "share" directory or subdirectory 
thereof.

e)  “"Shared Part" means those Original Code and Upgraded Code files of the 
Technology which are identified as "shared" (or words of similar meaning) or 
which are in any "share" directory or subdirectory thereof, except those files 
specifically designated by Original Contributor as modifiable.

f)   "User's Guide" means the users guide for the TCK which Sun makes 
available to You to provide direction in how to run the TCK and properly 
interpret the results, as may be revised by Sun from time to time.

2.2 Development Restrictions. Compliant Covered Code:

a)  must include Added Value;

b)  must fully comply with the Specifications for the Technology specified 
in Attachment B;

c)  must include the Shared Part, complete and unmodified;

d)  may not modify the functional behavior of the Java Runtime Interpreter 
or the Java Classes;

e)  may not modify, subset or superset the interfaces of the Java Runtime 
Interpreter or the Java Classes;

f)  may not subset or superset the Java Classes; and

g)  may not modify or extend the required public class or public interface 
declarations whose names begin with "java", "javax", "jini", "net.jini", 
"sun.hotjava", "COM.sun" or their equivalents in any subsequent naming 
convention.

2.3 Compatibility Testing. Successful compatibility testing must be 
completed by You, or at Original Contributor's option, a third party designated 
by Original Contributor, to conduct such tests, in accordance with the User's 
Guide, and using the most current version of the applicable TCK available from 
Original Contributor one hundred twenty (120) days (two hundred forty [240] days 
in the case of silicon implementations) prior to: (i) Your Internal Deployment 
Use; and (ii) each release of Compliant Covered Code by You for Commercial Use. 
In the event that You elect to use a version of Upgraded Code that is newer than 
that which is required under this Section 2.3, then You agree to pass the 
version of the TCK that corresponds to such newer version of Upgraded Code.

2.4 Test Results. You agree to provide to Original Contributor or the third 
party test facility if applicable, Your test results that demonstrate that 
Covered Code is Compliant Covered Code and that Original Contributor may publish 
or otherwise distribute such test results.